Madhya Pradesh High Court
Tarun Sharma vs The State Of Madhya Pradesh on 5 April, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-12467-2021
The High Court Of Madhya Pradesh
MCRC-12467-2021
(TARUN SHARMA Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 05-04-2021
Shri Sharad Verma, learned counsel for the applicant.
Shri S.K. Dubey, learned P.L. for the respondent/State.
Heard. Perused the case diary.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.219/2010 registered at P.S. Kotwali, District - Shahdol (M.P.) for the offence punishable under sections 420, 467, 468, 471, 120-B of IPC.
I t is alleged that the applicant took participation in preparing forged sale-deeds by selling lands to a company viz. M/s. PACL having its office in Delhi which were owned by various persons of the locality in District Shahdol (M.P.). It is further alleged that in the year 2009 and 2010, agriculturists of Jaisinghnagar/Shahdol viz. Duiji, Lalla Yadav, Saraswati, Devsharam, Rampratap Chetan and others agriculturists of village Atariya, lodged written compliant with joint signatures to Tahsildar, Tahsil Jaisinghnagar who inquired into the matter and inquiry report was submitted on 17.08.2009 and found that officials of M/s PACL Company prepared forged General Power of Attorney in their favour. In compliance of inquiry report, offences as mentioned above have been registered against authorized representatives of M/s. PACL India Limited viz. Kamalveer Tyagi, Prashant Chaturvedi, Damodar Prasad Mishra and Dhanraj Singh and investigation was started. During the course of investigation, it is found that in connivance and collusion with Sub Registrar, Sohagpur viz. Sandhya Singh, Advocate Shri Nav Durgesh Mishra got prepared General Power of Attorney in favour of authorized officer of PACL Co., Delhi viz. Shri Kamalveer Tyagi and photograph of different person was pasted in the Power of Attorney. The Signature Not Verified SAN search report/non-encumbrance certificate was prepared by Shri Nav Durgesh Digitally signed by VINAY KUMAR VERMA Date: 2021.04.06 15:22:40 IST 2 MCRC-12467-2021 Mishra, Advocate and thereafter, he has purchased the land and earned Rs. 500/- per acre. The further case of prosecution is that the applicant with one Vikram Singh Yadav established firm VTK Properties Pvt/ Ltd. of which the applicant was the Authorized Signatory/Director and prepared forged General Power of Attorney and 10 acres of agricultural land has been transferred in his name. On the basis of aforesaid information, offences as mentioned above have been registered against the present applicant and other co-accused persons. The applicant, thereafter, has been arrested and remanded to judicial custody.
Learned counsel for the State has opposed the bail application. Arguments of both the parties heard. The custodial interrogation has already been completed by the investigating officer by taking police remand of the present applicant. Nothing has been seized and he is further not required for any custodial interrogation.
Looking to the nature of offence and that the trial will take time, this Court is of the view that the applicant may be enlarged on bail, hence, without commenting on the merits of the matter, the application is allowed. The applicant is directed to be released on bail with strict conditions upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with two solvent sureties (out of which one should be local) in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No.1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If the Applicant shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the Signature Not Verified SAN Digitally signed by VINAY KUMAR VERMA Date: 2021.04.06 15:22:40 IST 3 MCRC-12467-2021 jail authorities shall ensure his transportation from the jail till his place of residence.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any offence during the entire period of bail.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court;
7. The applicant shall inform the Court about his address and residence in case the applicant moves out from his permanent address for any point of time; and
8. The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.
C.C. as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE Signature Not Verified SAN vkv /- Digitally signed by VINAY KUMAR VERMA Date: 2021.04.06 15:22:40 IST 4 MCRC-12467-2021 Signature Not Verified SAN Digitally signed by VINAY KUMAR VERMA Date: 2021.04.06 15:22:40 IST